David Carruthers and the BETonSPORTS case: Evidentiary hearing delayed
As per a terse mention on the District Attorney’s ‘Significant Cases’ summary page for the BETonSPORTS case, the initial evidentiary hearing has been pushed back from yesterday http://www.usdoj.gov/usao/moe/files/significant_cases/betonsports.html:
September 5 , 2006 9:30 a.m. - Evidentiary hearing before U.S. Magistrate Judge Mary Ann Medler for all defendants
(Originally scheduled for Monday August 21st at 9:30AM, it has now been delayed as per the order from Judge Medler on August 16th provided that all defendants have filed a Waiver of Speedy Trial by August 29, 2006. If that is the case the court will again amend the Scheduling Order to more closely follow the proposed schedule in the government’s Motion for Designation as a ‘Complex Case’.)
As I mentioned in a previous post:
The prosecutors and Carrruthers have agreed to waive their right to a speedy trial, with the judge agreeing that this is a complex case as defined by Title 18 of the United States Code. Regarding the pace of the trial, here are the current guidelines related to discovery:
THE COURT ORDERS THAT:
(1) no later than September 11, 2006, the United States provide access to and a
listing of documents to be disclosed to each defendant;
(2) no later than October 10, 2006, the United States provide access to and a
listing of remaining documents available for review by defense counsel;
(3) no later than December 11, 2006, defense counsel shall file requests for
additional discovery, if they deem such to be appropriate; the United States shall
respond to any such requests no later than December 22, 2006, and disclosure
pursuant to Rule 16 shall be completed no later than January 12, 2006;
(4) no later than February 1, 2007, all parties shall file all evidentiary and motions
in limine; responses shall be due by February 15, 2007, and replies shall be filed
by February 22, 2007; and
(5) a pre-trial hearing and trial date will be set by the Court after all motions,
responses and replies have been filed.It looks like the trial may not even be underway when the November Congressional elections are over. It looks like those in favour of prohibition have got their wish, and Carruthers is well and truly muzzled until after election time. Of course it would be refreshing to be proved wrong in this regard.
Judge Medler has granted a motion by the prosecuting attorneys for a protection order against disclosure of documents provided to defense counsel by the prosecution. Such documents can now only be shown to the parties in the case, potential witnesses, and the employees and consultants of the defence counsel.
So, it is now crystal clear that the prosecution really want this case to be kept as much behind closed doors as possible. So much for the open kind of justice we all thought was the norm, when we grew up learning about the US justice system watching Perry Mason or Columbo.
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BETonSPORTS, BetOnSports, betonsports plc, Betonsports case
